Date: March 5, 2014
RE: Florida Implied Conditional Gift Advising Jennifer on what she should do with the ring,
In the state of Florida an engagement ring is considered a ‘conditional gift’ and if the engagement is breached by the donor, they will not acquire the property ‘the ring’. In turn if the donor does not breach the engagement, they can petition its return. End result if the donee refuses to enter into the marriage as contemplated the donor may recover such. A person may have the most convincing motive for breaking the engagement. The important thing is that the gift was conditional and the condition was not fulfilled.
Florida law provides engagement rings may be returned to the donor if the engagement is called off by mutual consent or by the donee. See 28 Fla. Jur. 2d Gifts ?? 18; 28 Am. Jur. 2d Gifts ?? 75, fn. 15
Conditional gifts theory is the predominant ruling, used in Florida courts in recovering engagement gifts to the donor is the premise of conditional gifts. See Cal Civ Code ?? 1590 ‘either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as might.
To conclude a gift given by a significant other on condition that they embark on a lifelong commitment of matrimonial bliss, is no different from a gift based on any other condition that the donee commits to. If, after receiving the conditional gift, the donee refuses to live in that bliss as professed and the contractual performance is one of indecisiveness and procrastination’the gift must be restored to the donor. Conditional gifts do not need to be overtly conditional. Courts have found gifts to be ‘impliedly conditional’ in cases where the couples have not described them explicit.